|
TERMS & CONDITIONS
OF TRADE
PREFACE
Forjay Media Services provides various
computer and web based services to small and medium businesses and
individuals in the United Kingdom. We may provide such services
wholly or partly ourselves. We may use resources and services
provided by third parties which may be subject to additional
terms, conditions or licenses not published here. We will
endeavour to procure reliable resources from third party suppliers
when necessary but we are not responsible and do not accept
liability for any failure of resources provided externally by
third parties.
In the event of any such failure of a third
party resource, we will take reasonable steps to provide an
alternative service or refer you to a supplier of such a service.
We will refund any money paid in advance to us for a service we
are unable to provide. Our liability is limited to money paid by
you (the customer) to us (Forjay Media Services) for a service or
goods that you have not received due a fault on our part. Third
party suppliers shall be liable to you for any money you have paid
to them for goods or services they have not provided.
Use of any service or goods provided by Forjay
Media Services signifies that you accept all the terms and
conditions published below and the terms, conditions and licenses
of any of our suppliers if required by them.
The following terms and conditions shall apply to any and all
business conducted between Forjay Media Services and its customers
or clients.
DEFINITION OF TERMS USED IN THIS DOCUMENT
In the context of this document, the following terms apply
'The Company' means us, Forjay Media Services. Services (in lower
case) shall mean any services such as web hosting, email, design
and coding, support or other services provided by the company.
Server means the computer server equipment operated by us or by
our contractors for the purpose of storing and delivering web
pages or the storage and delivery of emails. Website means an area
on the server allocated by us for use as a site on the Internet.
Web resource means services provided by a third party supplier
used as part of our service
HOSTING SERVICES
Our hosting services are provided by Heart
Internet Limited and our additionally governed by their terms and
conditions which are similar to ours and supersede our terms in
respect of any services provided by them. These terms are
published at http://www.heartinternet.co.uk/terms/hi-terms.html
The following terms apply to all other services provided by Forjay
Media Services
LOSS DUE TO SERVER DOWN TIME
With regard to availability of hosted web sites on the internet,
the company and its partners strive to maintain a high level of
service but do not guarantee that a particular web site will be
available via the internet for any given proportion of time. The
company is not liable for any loss of business or other
consequential loss resulting from web server down time or other
situation preventing a web site from being available on the
Internet.
LIMIT OF WEB SPACE AND BANDWIDTH
Unless specifically stated to the contrary, the following limits
apply on the company's standard service plan:
Web space size: 500MB. Web space use above this level is charged
at £20 per year per 100MB or part thereof. Bandwidth usage per
month: 1GB. Bandwidth usage above this limit is charged at £15
per month per Gigabyte or part thereof. In no event will the
company be liable for any loss, damage or corruption to any data
stored on the server. You are responsible for maintaining backups
and insurance cover in respect of any loss or damage to data
stored by yourself or on your behalf on the server. Whilst we
shall try to ensure the integrity and security of the server, we
do not guarantee that the server will be free from un-authorised
users or hackers. You warrant to us that you will only use your
assigned web site for lawful purposes. In particular, you further
warrant and undertake to us that you will not, nor will you
authorize or permit any other party to, use the server in
violation of any law or regulation.
EMAIL SERVICES
Our email services are provided by
Heart Internet Limited and are governed by their terms and limits
at
http://www.heartinternet.co.uk/terms/hi-terms.html
FAILURE OF SERVICES
The company does not accept any responsibility for loss of any
kind resulting from any failure of the email services provided.
You are responsible for sending mail in accordance with any
relevant legislation (including Data Protection legislation) and
for sending the same in a secure manner. We will take all
reasonable steps to ensure accurate and prompt routing of messages
but we will not accept any liability for non-receipt or misquoting
or any other failure of e-mail. You agree to keep secure any
identification, password and other confidential information
relating to your account and you will notify us immediately of any
known or suspected unauthorized disclosure. Whilst we shall try to
ensure the integrity and security of the server, we do not
guarantee that the server will be free from un-authorised users or
hackers.
TRANSMISSION OF VIRUSES
The company does not accept any responsibility for loss of any
kind caused by the transmission of software viruses or worms
transmitted via the email services provided. It is the
responsibility of the user to maintain anti-virus software.
Inappropriate content. The company does not accept any
responsibility for the nature of any incoming or outgoing email
using the email facilities supplied to its customers. We
specifically exclude any warranty as to the accuracy or quality of
information received by any person via the server and in no event
will the company be liable for any loss or damage to any data
stored on the server. You are responsible for maintaining
insurance cover in respect of any loss or damage to any data
stored on the server
CONTENT
You will not knowingly or recklessly post, link to or transmit:
Any material that is unlawful, threatening, harmful, malicious,
libellous, defamatory, obscene, pornographic, profane or otherwise
objectionable in any way. Any material which will constitute or
encourage criminal offence, gives rise to civil liberty or that
violates or infringes any trademark, copyright, other intellectual
property or similar rights of any person, firm or company under
the laws of any jurisdiction
DOMAIN NAMES REGISTERED BY THE COMPANY
We do not guarantee that any domain name applied for will be
registered in your name and therefore you should not undertake to
employ any requested name until you have been notified that your
requested domain name has been registered. The registration of a
Domain Name and its ongoing use is subject to the terms and
conditions applied by the relevant naming authorities and you are
responsible for ensuring that you are aware of these terms and
conditions and that you can and will comply with them. You waive
any claims against the company in respect of any decision by the
relevant naming authorities to refuse to register a domain name.
We accept no responsibility or liability in respect of any dispute
with a third party involving the use of a domain name. We reserve
the right, on becoming aware of such a dispute, at our discretion
and without giving any reason, to either suspend or cancel the
domain name and remove any web site displayed under this domain
name. Domain renewal invoices will be rendered by the company in
advance of the renewal date. Renewal of domain registrations by
the company is dependent upon the renewal invoice(s) having been
paid by the client on or before the due date. Domains registered
or transferred by the company may display content advertising the
company until your content is ready for display or until the
company is asked to withdraw such material. A request for such
withdrawal will be acted upon in a timely manner.
INTELLECTUAL PROPERTY
All code and graphics created by the company remains the property
of the company unless specifically released in writing. You are
responsible for obtaining all necessary intellectual rights and
authorities for all content (text, graphics, and photographs)
supplied by yourself to the company for inclusion in the web site
or other promotional or printed material.
THIRD PARTY WEB RESOURCES
The company will make all reasonable efforts to publicise your
website, using where necessary any appropriate third party
software or web resource. The terms and conditions governing the
use of such resources shall be deemed part of this agreement by
all parties. You will authorise the company to place
advertisements and/or hyperlinks on your website if required by a
third party supplier. The company will at your request, arrange
additional resources on your behalf. You will pay the company, the
full cost of any fees charged by a third party plus a five percent
arrangement fee unless specifically stated to the contrary. You
may ask the company to refrain from using advertising-supported
services. If you choose to do this, you will take full
responsibility for publicising your website.
SUPPORT SERVICES
The company makes every effort to ensure that support and advice
given to its clients is accurate and appropriate. However, any
advise, suggestion or recommendation offered by the company,
whether as part of a service / support contract or given free of
charge, cannot be guaranteed as accurate or appropriate. The
company does not take responsibility for the consequences or any
action taken or not taken as result of such advice.
SEARCH ENGINE PLACEMENTS
The company guarantees to make search engine and site directory
submissions as contracted, but cannot guarantee that a given
search engine or site directory will list or continue to list the
site(s) submitted.
PAYMENT
All charges payable by you to the company for hosting services,
domain registrations, domain renewals and other services which are
not the subject of specific negotiation shall be in accordance
with the relevant scale of charges and rates published on our
website. All payments shall be made no later than 7 days after
receipt of our invoice. Where payment is not made within this
period we reserve the right to suspend our services to you.
WITHDRAWAL OF SERVICES
The company will make every effort to ensure the continuity of all
the services that it provides, but will not be held liable for the
discontinuation of services by its suppliers. In the event of the
discontinuation of hosting and email services, the Company accepts
no responsibility for financial or other consequential loss.
TERMINATION
We may terminate any agreement we may have with you forthwith if
you fail to pay any sums due to us as they fall due. We may
terminate any agreement we may have with you upon written notice
if you breach any of these terms and conditions and you fail to
correct the breach within 30 days following written notice from us
specifying the breach. We may terminate any agreement we may have
with you if you are a company and go into insolvent liquidation,
or if you are a person who is declared bankrupt. On termination of
any agreement we may have with you we shall be entitled
immediately to block Internet and other access to your website and
remove any data from the server as we see fit. We will hold your
data for one calendar month and allow you to collect it at your
expense, failing which we shall be entitled to delete all such
data. On termination of agreements between us, we shall be
entitled to post such notice in respect of the non-availability of
your website as we see fit.
LIMITATION OF LIABILITY
Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection with
the provision of the Services shall be limited to the charges paid
by you in respect of the Services which are the subject of any
such claim and provided that you notify us of any such claim
within one year of it arising. In no event shall we be liable to
you for any loss of business, contracts, profits or anticipated
savings or for any other indirect or consequential or economic
loss whatsoever.
INDEMNITY
You agree to indemnify and keep indemnified and hold us on demand
harmless from and against any claim brought against us by a third
party resulting from the provision of Services by us to you and
your use of the server, and in respect of all losses, costs,
actions, proceedings, claims, damages, expenses (including
reasonable legal costs and expenses), or liabilities, whatsoever
suffered and howsoever incurred by us in consequence of your
breach or non-observance of these terms of business.
NOTICES
Any notice given by the company may be sent by either postal
letter, e-mail, fax to an address that you have supplied and which
we have reason to believe to be correct and valid at the time of
sending.
LAW
These terms and conditions shall be governed by and construed in
accordance with English law and you hereby submit to the
non-exclusive jurisdiction of the English courts.
|
|
